- The incident took place at an apartment in the seaside resort of Playa d’en Bossa
- Both men will now serve a three-year suspended prison sentence
Two French men accused of raping a British holidaymaker in Ibiza have escaped prison after agreeing to take a ‘sex education course’ as part of a last-minute settlement.
Leon Clement and Ilan Reouven Gabay had previously admitted committing the sexual offenses in an apartment in the seaside resort of Playa d’en Bossa on the Spanish party island.
Prosecutors had accused Clement of raping the British tourist after his friend Gabay put his penis in the woman’s mouth to “satisfy their sexual desires” despite her saying “she didn’t want to do anything with it.”
The pair were expected to be jailed for 10 years by prosecutors at today’s court hearing in Palma, Mallorca.
However, their sentences were reduced after they managed to reach an out-of-court settlement at the eleventh hour.
Both will now serve a three-year suspended prison sentence, on the condition that they take a sex education course.
Leon Clement and Ilan Reouven Gabay had admitted to raping the tourist in an apartment in the seaside resort of Playa d’en Bossa (photo)
The complaint said: ‘She repeatedly asked them to stop as she was in a state of shock and unable to resist, despite insisting she did not want to do anything with them.
“As a result of what happened, she has been affected emotionally and psychologically.”
The two men were not present at the court hearing in the Mallorcan capital Palma today and spoke via video link from France.
The court heard how the couple invited their British victim and friends of hers to their apartment for drinks in June 2016.
She is said to have voluntarily performed sexual acts with one of the men before the assault.
It took seven years for the case to come to trial for reasons not fully explained in the indictment but not attributed to the two French men.
Their victim also gave up the 10,000 euros that prosecutors wanted her to pay.
The pair were expected to be jailed for 10 years by prosecutors at today’s hearing in Palma, Mallorca.
A British tourist was sentenced to four years in prison at the same court a month ago after confessing to raping his son’s girlfriend in a hotel room in Magaluf.
Spanish prosecutors said before David McPaul Wigging’s trial in Mallorca on February 5 that they wanted him in prison for nine years if convicted of a sexual assault on May 9, 2023.
The 43-year-old also struck a plea deal through his lawyer ahead of the full trial at the Audiencia court in the island capital Palma.
At a subsequent short public hearing it was confirmed that he would receive a four-year prison sentence, although he will only serve two years behind bars.
The fact that he was very drunk when he attacked his victim, who is also from Britain and said to be in his twenties, was taken into account as a mitigating factor.
He will be deported from Spain on May 8 next year once he has served half his sentence. When determining the two-year term, the time he has already spent as a prisoner in pre-trial detention was taken into account.
Wigging’s attorney Fernando Mateas said at the time that the plea deal he helped negotiate for his client meant he would be a free man after May 8, 2025.